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Cain indicates support for Federal Marriage Amendment

GOP front-runner abandons position that issue should be left to states

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Republican presidential candidate Herman Cain (Washington Blade photo by Michael Key)

Republican presidential candidate Herman Cain has indicated he now backs a U.S. constitutional amendment that would ban same-sex marriage throughout the country — marking a change from his previously stated position that the issue should be left to the states.

The current front-runner in the race to win the GOP presidential nomination said he supports federal action to deny marriage rights to gay couples in an interview published Sunday with the conservative Christian Broadcasting Network.

Asked by political reporter David Brody if he backs a U.S. constitutional amendment against marriage equality, Cain said backs federal action because of efforts to undo the Defense of Marriage Act, a 1996 anti-gay law that prohibits federal recognition of same-sex marriage. The Obama administration has stopped defending the statute against litigation in court.

“I think marriage should be protected at the federal level also,” Cain said. “I used to believe that it could be just handled by the states but there’s a movement going on to basically take the teeth out of the 1996 Defense of Marriage Act, and that could cause an unraveling.”

Cain continued, “So we do need some protection at the federal level because of that and so, yes, I would support legislation that would say that it’s between a man and a woman.”

In the same interview, Cain said he backs a U.S. constitutional amendment that would overturn Roe v. Wade, a 1973 U.S. Supreme Court decision that made abortion rights constitutionally protected throughout the country. He said he would sign the amendment, although constitutional amendments don’t go to the president, but to the states for ratification.

Cain made the comments as he continues to enjoy strong support in national polls and polls in Iowa, the first state that will hold a caucus or primary in the election season. According to a University of Iowa poll published last week of likely caucus-goers, Cain was the choice of 37 percent of respondents. Coming in second was former Massachusetts Gov. Mitt Romney, who was favored by 27 percent of responders.

The pizza magnate’s remarks on marriage signify a change in the position that he held as recently as last week when he said he wouldn’t seek a Federal Marriage Amendment and believes the issue should be left to the states.

During an appearance last week on the NBC’s “Meet the Press,” Cain said,“I wouldn’t seek a constitutional ban for same sex marriage, but I am pro-traditional marriage.”

Asked by host David Gregory whether states should decide the issue for themselves, Cain replied, “They would make up their own minds, yes.”

But Cain’s new position is on par with the position he held in 2004 when he was running to represent Georgia in the U.S. Senate. After the Massachusetts Supreme Court ruled in favor of same-sex marriage, Cain issued a statement condemning the decision and calling for a Federal Marriage Amendment.

“The courts have failed the American people,” Cain said at the time. “Congress needs to enact a constitutional amendment to protect the sacred institution of marriage.”

Cain continued, “Liberal-minded judges have opened a floodgate of judicial tyranny that will chip away at the core values of this country until nothing sacred is left! It started with not allowing prayer in schools, not being able to display the Ten Commandments, attempting to take God out of the Pledge of Allegiance and now making same-sex marriages legal.”

The change in positions for Cain over recent years had made him the brunt of attacks from both LGBT advocates and as well as Republican presidential candidates seeking to oust him from his position as GOP front-runner.

Fred Sainz, vice president of communications for the Human Rights Campaign, said Cain “flip-flops more than the pizzas he used to cook” and said his remarks demonstrate a misunderstanding of the legislative process.

“In less than ten years, he’s had three positions on this issue,” Sainz said. “It’s hard to believe which Herman Cain is speaking. With respect to his answer to this question, Cain continues to confuse the role of the president in this process. The president would have no role in a constitutional amendment to ban marriage; it would be up to Congress and the states.”

Republican presidential candidate Michele Bachmann, who represents a district in Minnesota in the U.S. House, also attacked Cain on FOX News Sunday for being inconsistent.

“You can’t have all of these flip-flops in our nominee, one after another, and it’s making the voters’ heads spin,” Bachmann said. “I think it’s giving people pause, and they’re asking real questions about, what does he believe, truly, and how would he govern as president of the United States And that’s non-negotiable.”

Cain’s most recent remarks raises questions because he never explicitly mentions the Federal Marriage Amendment, but instead makes vague comments about federal action. Cain said he backs “legislation” to address the issue, which is different from an amendment. The video in which Cain makes the remarks is also apparently edited during the portion that he makes the comments.

The Cain campaign didn’t immediately respond to the Washington Blade’s request to clarify the candidate’s position.

Chris Barron, board chair of GOProud, said the kind of federal action that Cain is seeking with regard to marriage isn’t clear in his remarks during the interview.

“Honestly it’s not clear from his response,” Barron said. “He is indicating he is for some additional federal approach but unclear what.”

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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